THOMMA VARKKI Vs. THOMAS JACOB
HIGH COURT OF KERALA
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(1.) These appeals arise from an order passed by the Additional District Judge, Kottayam on applications moved before that court under S.22 of the Kerala Agriculturists Debt Relief Act, hereinafter referred to as the Act. The execution sale in the case took place on 9-8-1116. Some eight years before that date, the first defendant died, and his legal representatives have been impleaded. Two of them are defendants 7 and 9. Defendant 7 moved C. M. P. 880 of 1961 for setting aside the sale which related to his property and defendant 9 moved C. M. P. No. 881 of 1961 which was for vacating the sale of his property. The applications were moved on 8-3-1961. These applications have been allowed.
(2.) Though one of these cases is styled an 'appeal suit' and the other, a 'civil miscellaneous appeal', we take it that these are appeals coming under S.23A of the Act and we treat them as such.
(3.) The point that is taken is that there is inordinate delay in moving the applications, which as we mentioned earlier was on 8-3-1961, whereas the execution sale had taken place more than two decades before, on 9-8-1116. The sale having taken place before the commencement of the Act is liable to be vacated under the provisions of the Act. The only question is whether the applications had been moved within the period of one year insisted on by the fourth proviso to S.22(1)(b) and if it has not been so moved, whether by virtue of the provisions in S.20(2) of the Act, the delay in moving the Court can be excused by applying the provisions of S.5 of the Indian Limitation Act, 1908.;
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